GOP Is Eager for FISA Fight

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House and Senate Republicans are preparing for a fight this week over what rules should apply to the government’s wiretapping and surveillance programs, happily accepting the decision by House Democrats to shift some public attention, at least temporarily, away from the children’s health insurance debate.

GOP leadership aides in both chambers said Friday that while they’re not entirely clear why Democrats — who have scheduled a House floor debate on the reauthorization of the Foreign Intelligence Surveillance Act for this week — have decided to pivot to a national security fight in the middle of the public relations war over the States Children’s Health Insurance Program, they are more than happy to do so.

With the short-term extension of FISA, which was passed in August, set to expire in February, Democrats are moving forward with a legislative package that includes constraints on surveillance, which certainly will prompt a veto from President Bush.

But unlike Bush’s veto of the SCHIP bill — which was supported by a number of Republicans in the House and Senate and subsequently has caused significant heartburn for
in-cycle GOP incumbents — Republicans are much more comfortable backing Bush on national security.

“On this kind of veto we have a chance to win because it’s national security,” a Senate GOP leadership aide said, adding that Senate Republican Conference Chairman Jon Kyl (Ariz.) is taking the lead on the issue in that chamber.

A House GOP leadership aide agreed, arguing that Republicans have much better “branding” on national security issues.

But House and Senate Democratic aides downplayed the move to FISA, noting it will take only two days of floor time in the House, and the Senate will not be taking it up at all. Democrats argue that SCHIP — which tests much better for the majority party — likely will dominate both chambers for much of the week.

Specifically, Republicans are planning to use the kidnapping and subsequent murder of three U.S. soldiers in Iraq earlier this year to put a “human face” on the issue, the House staffer explained. According to this aide, while Democrats’ arguments about privacy may resonate with some voters, Republicans believe using real-world examples of how a weak FISA has put U.S. troops in danger will help galvanize public support for their position.

“We’re content to have the Democrats make these abstract and obtuse privacy arguments,” the aide said. “As long as we make this debate ... about real world, human examples,” Republicans believe they can maintain party discipline on Bush’s veto and effectively fight Democrats in the public arena.

A Senate Democratic aide derided any attempt by Republicans to use the deaths of soldiers in their efforts to block the FISA bill, arguing that “by that logic if Republicans had spent the last five years conducting oversight instead of blindly following this president, there’d be a lot less soldiers killed as well.”

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March 13, 2015

Tom Williams/CQ Roll Call

Rep. Elijah Cummings, D-Md., right, hugs Harold Schaitberger, General President of the International Association of Fire Fighters, after the Congressman spoke at the IAFF's Legislative Conference General Session at the Hyatt Regency on Capitol Hill, March 9, 2015. The day featured addresses by members of Congress and Vice President Joe Biden.